Dela Calzada v. Covello

Background

Jovencio Dela Calzada filed a petition under 28 U.S.C. § 2254 challenging the same California state-court judgment that he challenged in an earlier federal habeas action. The judgment involved 2011 convictions in Contra Costa Superior Court for multiple sexual offenses against two of his stepdaughters and a sentence of 173 years to life in state prison.

The earlier petition was denied on the merits. The Ninth Circuit Court of Appeals later denied Dela Calzada’s request for a certificate of appealability.

Reason for Dismissal

The court held that the current petition was a second or successive petition because it challenged the same state-court judgment as the earlier petition. Under 28 U.S.C. § 2244(b)(3)(A), a petitioner must obtain authorization from the court of appeals before filing a second or successive petition in the district court. The court stated that, without that authorization, it lacked jurisdiction to consider the petition. Dela Calzada had not shown that he received the required authorization.

Disposition

The court DISMISSED the petition as second or successive and unauthorized by the Court of Appeals. It also stated that a certificate of appealability would not issue, directed the Clerk to enter judgment in favor of Patrick Covello, and ordered the file closed. Judge William H. Orrick issued the order.